Can Landlords Use Photos of Your Rental Unit in Quebec?

Many Quebec tenants wonder whether their landlord has the right to take or use photos of their rental home. With tight privacy rules and specific landlord-tenant legislation, understanding what is – and isn’t – allowed can help protect your rights and peace of mind. Here’s what you need to know about photographing rental units in Quebec.

Landlord Rights: Privacy, Photos, and the Law in Quebec

Quebec’s tenancy laws carefully balance a landlord’s right to manage their property with a tenant’s right to privacy and peaceful enjoyment of their home. The Quebec Civil Code is the primary legislation, and the Tribunal administratif du logement (TAL) oversees disputes.

Generally, landlords have no automatic right to take or publish photos of a rental unit that shows a tenant’s belongings or personal effects, especially while the tenant is living there. Photos might be necessary for certain purposes, like documenting property condition for maintenance or advertising a vacancy, but there are strict requirements they must follow.

When Can a Landlord Take Photos?

• With your consent: A landlord should always ask for permission before photographing your unit’s interior. If consent is refused, they may not enter or photograph without a legally valid reason (and proper notice).
• During move in/out: It’s common for both parties to document the unit’s state to avoid future disputes. It’s best to reach mutual agreement and confirm which photos are taken and who may keep them. See the Guide to the Initial Rental Property Inspection for Tenants for more advice.
• Emergencies or repairs: If urgent repairs require photographs (for insurance or documentation), reasonable access and use may be justified – but landlords still must respect tenant privacy where possible.

For purposes outside these reasons – such as for advertising the unit while you are still living there – written consent is almost always required. Landlords may not publish photos showing your furniture, personal decor, or any details that could identify you, unless you agree.

What Quebec Law Says: Tenancy Rights and Privacy

The Civil Code of Quebec protects tenants’ right to privacy and grants them peaceful enjoyment of their home. Article 1854 states that landlords must not disturb this enjoyment – including by taking photos without cause¹. Unreasonable or repeated requests to photograph can be considered harassment.

What Happens If the Landlord Publishes Photos Without Your Permission?

If a landlord uses or shares interior unit photos (especially showing your belongings) without your consent, this may violate your privacy rights under Quebec law. Tenants can:

• Ask the landlord in writing to remove any photos (from the internet, shared documents, etc.)
• File a complaint with the Tribunal administratif du logement (TAL) (Quebec Rental Board), which handles these disputes
• Seek damages if your privacy was invaded or you suffered loss

Before starting a formal complaint, try reaching out to your landlord directly (keep copies of all communications). If that fails, you can use the official TAL application form – see below for details.

Your Consent Matters: Tips for Tenants

• If you’re asked for permission to photograph your home, voice any concerns about privacy or security.
• You can request that personal belongings be excluded from photos, or that pictures only be taken when you’re present.
• For any condition or inspection photos, make sure to keep your own set and agree on their intended use.
• Pics for advertising should never contain your personal effects without your okay.

Forms and Action Steps for Complaints

If you feel your rights are breached, you can apply to the TAL to have the problem addressed. The primary form used is:

• Application to the Tribunal administratif du logement (Demande au Tribunal administratif du logement, TAL-900A)

When to use: Use this form if a landlord took or published photos of your unit without your consent and requests to remove or stop have not worked.

How to use:

• Download the form: Application to the Tribunal administratif du logement (official page)
• Fill it out with details about the privacy breach and what resolution you seek.
• Submit it by mail, online, or in person to your local TAL office. Keep a copy of all your supporting evidence (emails, screenshot of postings, etc.).

You can also visit the Tenant Rights and Landlord Rights in Quebec page for an overview of all tenant protections and procedures.

Related Tenant Responsibilities

Tenants also have responsibilities to keep the rental in good condition and allow reasonable access for agreed inspections or repairs. You can learn more about your duties and what to expect as a tenant in our Obligations of Landlords and Tenants: Rights and Responsibilities Explained guide.

For renters looking for new homes or considering a move within Canada, you can Find rental homes across Canada on Houseme with a simple map-based tool and up-to-date listings.

Frequently Asked Questions

1. Can my landlord enter my unit to take photos without my permission?
   No. A landlord must give reasonable notice (usually 24 hours) and a valid reason for entry, and rarely has the right to photograph the interior without your consent, unless for emergencies or agreed-upon reasons.
2. What should I do if I see my unit’s interior posted online while I’m still living there?
   Immediately request in writing that your landlord remove the images. If they refuse, you can file a complaint with the TAL for violation of your privacy.
3. Is it required to do a move-in or move-out inspection with photographs in Quebec?
   While not strictly required by law, it’s strongly recommended for both parties. Documenting the unit’s condition protects both tenants’ and landlords’ interests. Learn more in the Guide to the Initial Rental Property Inspection for Tenants.
4. Can I take my own photos of the apartment before moving out?
   Absolutely. It is wise to document the condition of the unit to avoid disputes over damages or cleaning when you vacate.

Key Takeaways for Quebec Tenants

• Landlords must get your consent before photographing or publishing images of your rented home’s interior (especially if you are in possession).
• If your privacy is breached, use official TAL forms to file a complaint.
• Protect yourself by documenting all agreements and keeping your own photos during inspections.

In summary, tenants in Quebec are well-protected when it comes to privacy and photographs of their home. Know your rights, communicate clearly, and seek help from the TAL if needed.

Need Help? Resources for Tenants

• Tribunal administratif du logement (TAL): Official tribunal for residential tenancy issues in Quebec, including privacy complaints.
• Quebec Ministry of Justice: Your Home: Information on housing, landlord obligations, and tenants’ rights.
• Tenant Rights and Landlord Rights in Quebec: Clear guide to local legislation and your rights as a tenant.
• Éducaloi: Plain-language legal information on renting, privacy, and landlord-tenant disputes.

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1. Article 1854, Civil Code of Quebec (CQLR c CCQ-1991)
2. Tribunal administratif du logement (TAL) - Official Site
3. Official Application Form: Application to the Tribunal administratif du logement

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